Appellate Division of the Supreme Court of New York, 1999

In re the Claim of Torres

Appellate Division of the Supreme Court of New York · Decided January 21, 1999

258 A.D.2d 857; 684 N.Y.S.2d 307

Cases that cite this one

5 later published cases cite this decision.

In re the Claim of Goddard (Appellate Division of the Supreme Court of New York 2014)
In re the Claim of Goddard (Appellate Division of the Supreme Court of New York 2014)
In re the Claim of Zelenka (Appellate Division of the Supreme Court of New York 2003)
In re the Claim of Paldiel (Appellate Division of the Supreme Court of New York 2001)
In re the Claim of Walker (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 8, 1997, as amended by a decision filed July 27, 1998, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant resigned from her employment as a home health aide in 1997 in order to relocate to Florida with her husband. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because she voluntarily left her employment for personal and noncompelling reasons. We affirm. While claimant’s husband was told by his physician in 1995 that a warmer climate would be beneficial for his continuing back problem, claimant and her husband delayed moving to Florida for over a year after receiving the advice. Inasmuch as the record fails to establish a compelling *858medical reason to move to a warmer climate, substantial evidence supports the Board’s decision that claimant voluntarily left her employment without good cause (see, Matter of Prevost [Commissioner of Labor], 256 AD2d 799; Matter of Economy [Sweeney], 232 AD2d 799, 800).

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.